10th May, 2022

What is Leave to Defend under Order XXXVII Rule 3 of CPC

The general rule permits leave to defend (with or without conditions) and an exception to that is its denial. This observation was made by the Hon’ble Apex Court recently in B.L. Kashyap & Sons Ltd. v. JMS Steels & Power Corporation, [2022 SCC OnLine SC 59] (for short 'JMS Steel Case') wherein the Court discussed the scope of Rule 3 of Order XXXVII of the Code of Civil Procedure 1908 (for short 'CPC').

  • Litigation
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